Clevenstine's Appeal
Supreme Court of Pennsylvania
This was an appeal by John Clevenstine, guardian of the sons of Richard U. Nyce, from the decree of the Orphans’ Court of Chester county.
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This was an appeal by John Clevenstine, guardian of the sons of Richard U. Nyce, from the decree of the Orphans’ Court of Chester county. Henry Frick died July 24, 1828, leaving a will by which, among other things he gave and bequeathed to “ Catharine Nyce', trustee for the children horn of her body, during the coverture of her former husband, she to have the use of the money during her lifetime, but after her decease to be paid to her children aforesaid, in equal shares, or their legal representatives, in case of death, three hundred pounds. “ The several sums and bequests to be received by…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
We-have looked into the case with an anxious desire to support'the decree made below in favor of the widow, Mrs. Nyce, but find it is impossible to do so, consistently with authority.
By the terms of the bequest in question, it is clear the legatee was entitled to the possession of the fund given, during her life. It is not a mere gift of the accruing interest—though even that would carry the principal sum—but it is of the use of the money itself during life ; to be paid to her children after her death, and not before. The effect of such a…
2Cases cited1 opinion
- Evans v. KnorrSupreme Court of Pennsylvania · 1833
3Cited by1 opinion
- Willock v. Crescent Oil Co.Supreme Court of Pennsylvania · 1898